DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.

   CONSUMER COMPLAINT NO.41 of 16

                                         DATE OF INSTITUTION: - 24-02-2016

                                                   DATE OF ORDER: 10-03-2016

Zile Singh aged 60 years son of Shri Pohlu Ram, caste Chamar, resident of village Jatu Luhari, tehsil Bawani Khera, District Bhiwani, Ex-peon-cum-helper in the office of the Managing Director, Haryana Harijan Kalyan Nigam Limited.

            ……………Complainant.

VERSUS               

1. Director Harijan Kalyan Nigam, Chandigarh.
2. The Commissioner, General Provident Fund, Haryana, Chandigarh.

………….. Opposite Parties.

COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT

BEFORE: -    Shri Rajesh Jindal, President.

  Smt. Ansuya Bishnoi, Member.

Present:-   Complainant in person.

ORDER:-

Rajesh Jindal, President:

                    In brief, the grievance of the complainant is that he was appointed as Peon cum helper in the year 1977 in the Harijan Kalyan Nigam, Haryana and remained in service till 16.03.1981.  It is alleged that the deduction of the GPF amount was started on 01.03.1979 and the account of the complainant is PN/5874/76.  It is alleged that the Ops was not paid the total amount of the GPF from his salary every month despite repeated requests and notice issued the Ops.  It is submitted that the Ops was not paid the whole amount of the GPF of the complainant and the officials have been making objections one or the other without any reason.  Now the complainant has claimed GPF amount  along with compensation and costs by way of filing present complaint.

2.                 This complaint has been filed by the complainant against the opposite parties regarding the refund of his GPF.  Both the opposite parties having their office at Chandigarh as mentioned by the complainant in his complaint.  In view of the provisions of Section 11 of the Consumer Protection Act ‘a complaint shall be instituted in a District Forum within the local limits of jurisdiction the Ops actually or voluntarily resides or carries on business or has a branch office’.  The requirement of Section 11 is not fulfilled.  This District Forum has no territorial jurisdiction to try or decide with the present complaint and the same is dismissed on the score only without going into the merits of the case.  The complainant shall be at liberty to file the fresh complaint or to take legal recourse before the competent Forum/Court, as per the provisions of law, if so advised. Certified copies of the order be sent to the parties free of costs.  File be consigned to the record room, after due compliance.

Announced in open Forum.

Dated:.10-03-2016.                                                                      (Rajesh Jindal)

                                                                                    President,      

                                                                        District Consumer Disputes

                                                                        Redressal Forum, Bhiwani.

                    (Ansuya Bishnoi),

                          Member